Murphy makes deal to avoid prosecution

Former Pittsburgh Mayor Tom Murphy told federal authorities he benefited politically from a sweetheart deal he cut with city firefighters, but he won't be prosecuted, U.S. Attorney Mary Beth Buchanan said Monday.

Instead, Buchanan said Murphy has one year to cooperate with city and state officials, should they seek to rewrite a collective bargaining law allowing such negotiations with firefighters union President Joe King. The union endorsed Murphy for re-election in 2001 -- providing critical votes -- after he gave contract concessions worth up to $12 million.

Buchanan refused to make the deal public.

"He personally benefited from this agreement," Buchanan said. "(But) I don't believe federal criminal prosecution is the best resolution. Hopefully, through Tom Murphy's cooperation, the state can amend the process allowing something like this from harming the city in the future."

Neither Murphy nor King could be reached for comment. But Murphy's attorney, David Hickton, said his client was pleased.

"This is not a matter of criminal wrongdoing, but this is a matter of public policy," Hickton said.

Legal experts and city officials criticized Buchanan's decision, saying she overstepped her bounds and didn't resolve a two-year investigation to the public's benefit. The U.S. attorney's job is to prosecute criminals, not to try to influence local government and the awarding of union contracts, said several experts who reviewed Buchanan's statement.

"It's an abuse of her office," said Bruce Ledewitz, a criminal law professor at Duquesne University. "If he committed a crime, put him in jail. If not, she has no right to cast this pall over city government and the firefighters union to suggest maybe there was a crime."

Buchanan said the agreement creates a window of opportunity for city or state officials to amend Act 111 and require Murphy's cooperation. She said her office cannot force such a dialogue, but that she determined this was the best way to remedy the situation and serve the public interest.

"I don't think anything was resolved, certainly not for the benefit of the public," said Councilman Doug Shields, who first called for an investigation into Murphy when he was a member of Pittsburgh City Council.

"I don't see how an agreement between Tom Murphy and the United States attorney could be attached to a third party, that being the city of Pittsburgh," Shields said. "Mr. Murphy is now a private citizen; he has no play in this government whatsoever. To the extent that he can offer any new thinking on this, I sincerely doubt it."

O'Connor spokesman Dick Skrinjar said Murphy would not be allowed in the mayor's office.

"The public trust is too sacred to jeopardize," Skrinjar said.

Federal authorities began investigating the contract Murphy negotiated with the 650-member Pittsburgh Firefighters Local No. 1 before the 2001 Democratic primary after King made their deal public. The union endorsed Murphy in that election over then-City Council President O'Connor, and Murphy won the primary by 699 votes.

Buchanan said Murphy acknowledged that he signed a written agreement with the union guaranteeing not to close any city fire stations or lay off any firefighters, and that he benefited from the union's agreement not to protest his endorsement by the Allegheny County Democratic Committee.

State Act 111 -- which, in part, relates to collective bargaining of police and fire contracts -- did not require Murphy to have the union deal reviewed or approved by the City Council.

Murphy is required through his agreement with federal prosecutors to:

• Assist in investigating the events that resulted in the union deal.

• Cooperate with federal, state or local law enforcement agencies, as determined by Buchanan.

• Provide all information, documents and evidence he has concerning the investigation.

• Testify in court proceedings, should that be necessary.

• Cooperate with City Council, the city's state-appointed financial oversight board, and any court that seeks information about the 2001 contract negotiations.

The agreement allows Buchanan to bring criminal charges against Murphy through May 2007 -- if he doesn't fulfill his obligations -- but she would not say what crimes he could be charged with. She said she does not anticipate charging anyone else.

"We do not agree that there was a basis for criminal prosecution here," Hickton said. "There was never even a hint that Mayor Murphy had gained personally from the deal with the firefighters union."

The salary of an elected official doesn't count as personal gain, Hickton said.

He said Murphy looks forward to participating in any talks to amend Act 111 and could provide context to the discussion as a former state legislator and mayor.

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